CARR & PALMER A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 10 NORTH PARKWAY SQUARE 4200 NORTHSIDE PARKWAY, N.W. ATLANTA, GEORGIA 30327 Brian P. Kemp Georgia Secretary of State 214 State Capitol Atlanta, Georgia 30334 The Honorable Sam Olens Office of the Attorney General 40 Capitol Square SW Atlanta, GA 30334 June 28,2012 Re: Referendum T - Splost Issue July 31,2012 Election Gentlemen We have been retained to represent the Transportation Leadership Coalition, Jack Staver, chairman, which is a grass roots organization committed to educating the public generally as to the pros and cons of the above referenced referendum. Attached is, as best we can understand, the final version of the ballot for the July 31, 2012 election. The enclosure is the ballot for Cobb County but we are reliably informed that the language as to Referendum 1 is the same for all ballots statewide. You will note that in compliance with O.C.G.A. 48-8-244 the authorized ballot text appears verbatim as follows: "( ) YES Shall Cobb County's transportation system and the transportation network in this region and the state be improved by providing for a 1 percent "( ) NO special district transpoliation sales and use tax for the purpose of transportation projects and programs for a period often years?" However, additional language appears directly above the statutorily authorized language as follows: "Provides for local transportation projects to create jobs and reduce traffic congestion with citizen oversight." Telephone (404) 442-9000 Fax (404) 442-9700 www.carrpalmer.com
In responding to a recent inquiry to Secretary of State Kemp as to the parentage of this odd language, he responded to an email inquiry on June 19 as follows: "Frankly, I knew I would be criticized regardless of what we put on the ballot. I decided to go with the option I believe to be the most transparent and straight forward. The wording ended up being similar in most regions, but what I ultimately used was requested in writing by the round tables". Secretary Kemp's general counsel Mr. Russo, further responded to this issue in an email: "Thank you for the email, and I hope you are doing well too. All constitutional amendments and other questions placed on the ballot include a preamble. The language in the preamble is referenced in TIA, and it does not constitute electioneering or fall within O.C.G.A. 21-2-413 (d). Thanks again for contacting me about this, and I will make sure to pass your email. Vincent R. Russo, General Counsel." Mr. Russo at least appeared to be of the opinion that this was a constitutional amendment which, of course, it is not. He concluded without citation that "all other questions placed on the ballot include a preamble". Secretary of State Kemp concluded that the preamble "is referenced in the original legislation". Nowhere does that language appear in O.C.G.A. 48-8-240 et. seq. To the contrary, the ballot language was specifically directed by the legislature as noted above. We would very much appreciate the earliest possible explanation as to the following: 1. Who drafted the introductory language? 2. Under what authority is it claimed that that language may be placed on the ballot? 3. Were private concerns involved in the preparation and submission of this language? 4. The identity of such private entities. Concurrently herewith we are submitting a Freedom of Information Act request regarding these issues. Thank you for your kind cooperation. YIO~ W. Pitts Carr
s A M p L E B OFFICIAL ABSENTEE/PROVISIONAL/CHALLENGED BALLOT OFFICIAL DEMOCRATIC PARTY PRIMARY AND NONPARTISAN GENERAL ELECTION BALLOT OF COBB COUNTY OF THE STATE OF GEORGIA JULY 31, 2012 To vote, btacken the Oval (.) next to the candidate of your choice. To vote for a person whose name is not on the batlot, manually WRtTE his or her name in the write-in space provided, then blacken the corresponding Oval (.) next to the wrile-in space for that race. If you desire to vole YES or NO for a PROPOSED QUESTION, blacken the corresponding Oval (.). Use only blue or black pen Of pencil. Do not vote for more candidates than the number allowed for each specific office. Do not cross aut or erase. If you erase or make other marks on the ballot or tear the ballot, your vote may not count. If you change your mind or make a mistake, you may return the ballot by writing gspoi\ed" across the face of the ballot and return envelope, You may then mall the spoiled ballot back to Cobb Elections, and you will be issued another official absentee ballot. Alternatively, you may surrender the ballot to the poll manager of an early voting site within Cobb County or the precinct to which you are assigned. You will then be perrnlhed to vote In person. "1lIIderstMd thai the offer or tjcteplance of rmmey or MY ofher obj«i ofv8lue /0 vote for any PllrticulBr canridele. 1st of can6dalbs, issue, or list ofissues included in /his eleclion consb-lules an act ofvf)1er fraud and is.li f8/ony IJfJder Georgia/sw. focga 21-2-284(e), 21-2-285(h) and 21-2.J83(1f)} Notice to Voters This Sample Ballot contains all races in Cobb County, including races that you personally may not be eligible to vote for. To determine your correct JURISDICTION you should refer to your Voter Precinct Card or go to WWW.sos.georgia.gov/MVP For Public Service Commissioner (To Succeed Chuck Eaton) (VoLe for One) C"') STEPHEN OPPENHEIMER For U.S. Representative in 113 h Congress From the 6th Congressional District of Georgia o JEFF KAZANOW o ROBERT MONTIGEL For U.S. Representative in 113'h Congress From the 11th Congressional District of Georgia PATRICK THOMPSON From the 37'" District o BILL BOLTON From the 38'" District o DAVID WILKERSON From the 39 th District (VoLe for One) AliSHA THOMAS MORGAN For State Representative in the From the 53rd District C) JASON ESTEVES SHEILA JONES ROBERT PATILLO For State Representative in the From the 61 st District o ROGER BRUCE For Sheriff o GREGORY B. GILSTRAP r For Cobb County Commissioner District 4 ; LISA CUPID MONICA DELANCY ANNE TAYLOR RUTH E. NEGRON A L L o T For U.S. Representative in 113 h Congress From the 13th Congressional District of Georgia ODAVIDSCOTI For State Senator From the 6th District o DOUG STONER (lncumbenl) For State Senator From the 33rd District (Vote For One) o STEVE THOMPSON For State Senator From the 38'h District ~~ REGINALD CROSSLEY ( -; HORACENA TATE - From the 41 5t District o DIANA l. ECKLES o JUSTIN O'DELL o MICHAEL SMITH From the 42 nd District () STACEY EVANS From the 46 th District (VoLe for One), KEVIN 'BIG KEV' WESTPHAL C) MICHAEL RHETI o CONNIE TAYLOR o WOODY THOMPSON (1I1C1Jmb.nL) For Cobb County School Board District 3 Term 4 Years o BOBBY J. ALLEN C) KARYN A. HARRISON.: DAVID MORGAN For Cobb County School Board District 7 Term 4 Years ;,ALISON BARTLETI Page 1 of 3 TURN BALLOT OVER TO CONTINUE VOTING
OFFICIAL ABSENTEE/PROVISIONAL/CHALLENGED BALLOT OFFICIAL DEMOCRATIC PARTY PRIMARY AND NONPARTISAN GENERAL ELECTION BALLOT OF COBB COUNTY OF THE STATE OF GEORGIA JULY 31, 2012 To vole. blacken Iho Oval (_) nexllo the candidate 01 yourchoico. To voto lor a person who.e name is not on the ballot. manually WRITE his or her namo In Iho wrlt... ln spac. provided. thon blacken the corro'ponding Oval (_) next to tho write-in spaco lor that raeo. II you doslre to vote YES or NO lor a PROPOSED QUESTION. blackon the corrosponding Oval (_). Use only blue or black pen or pencil. Do not vote tor more candidates than the number allowed for each specific office. Do not cross out or erase. If you erase or make other marks on the ballot or tear the bauot, your vote may not count. Ilyou change your mind or mako a mistako. you may return the ballot by wri ting "Spoilod" across the lace altha ballot and roturn onvolopo. You may then mail tho spollod ballot back to Cobb Elections. and you will be issuod another official absenteo ballot. Alternatively. you may,urrondor tho ballot to the poll manager or an early voting site within Cobb County or the precinct to which you iw'b assigned. You will then be permitted 10 vote In person, "/ UIIdmtand IhIIt ~ offer 0( 1ICCI!iP~ 01 monsy 0( tilly orler abject of value to vot., for My pmtieulm (:linda,,'., /ist of c/uld"dales. iss~. or h i of issues ~d in /his oil1ctjon conslilv/fjs I'IfI IKt ofroter trsud and is a tejony tlldtr Gectg/a IIIw, (OCGA 2 ' 2 264(e). Z1 2 285(h) and 21-2-J83(1t)J DEMOCRATIC PARTY For Judge. For Judge. Superior Court of Court of Appeals of Georgia the Cobb JUdicial Circuit QUESTIONS (To Succeed Keith Blackwell) (To S ucceed Adele Grubbs) - 1 - (Vole lo r O ne) (V ole for One) ; KEITH R. BLACKWELL ~ ; ADELE GRUBBS (Incorilent) (Incurmen t) Should the Georgia Constitution be amended to allow the state to override locally... lected school boards' decisions when it comes to the crea~on 01 chartor schools In your county or city? Wrile-in For Judge. ForJudge, Supenor Court of C) YES Court of Appeals of Georgia the Cobb Judicial Circuit (To Succeed Michael P. Boggs) (To Succeed S Lark Ingram) C ; NO - 2 - C; MICHAEL P. BOGGS CJ S. LARK INGRAM (1noo... I) (Inoo... nl) Do you support ending currenl practice permilting unlimited gms ~om lobbyists to slate tegislatojs? 0 0 Wlite4n Write~n O YES ForJudge, For Judge, Superior Court of O NO Court of Appeals of Georgia the Cobb Judicial C ircuit (To Succeed Slephen Louis A. Dillard) (To Succeed Taln Kell) -3 - o STEPHEN DILLARD o TAIN KELL Should Georgia adopl an Income lax t rodlt tor home energy costs 10 support the economic security 01 our lamilles? 0 C_) C) YES Wr ~e-in O NO For Judge, For Judge, Superior Court of Court of Appeals of Georgia the Cobb Judicial Circuit -4 - (T o Succeed John J. E llington) (To Succeed Dorothy A. Robinson) (Vole lor One) Should Georgia reduce sales taxes on Made in JOHN J ELLINGTON _ ROLAND R CASTELLANOS Georgia products '0 as to support the growth 01 (Incurmanl) small businesses in our slate? YES VAN PEARLBERG, NO Write in NONPARTISAN For Judge. GREG POOLE Court of Appeals of Georgia GENERAL ELECTION (To Succeed M. Yvelle Miller) (Vole fo r One) C) For Justice, o M. YVETTE MILLER Supreme Court of Georgia 11"""... 1) (To Succeed Carol W. Hunstein) For Judge, Superior Court of 0 the Cobb Judicial Circuit (To Succeed o J. Stephen (Steve) CAROL W. HUNSTEIN Write ~n (IncurMent) Schuster) For Judge, 0 Court of Appeals of Georgia o J. STEPHEN "STEVE" SCHUSTER (To Succeed Herbert E. Phipps) Iincumbenl) IVote fo r One) For Justice, o HERBERT PHIPPS 0 Suprame Court of Georgia 11"""... 1) (To Succeed Harold D. Melton) IVote lor One) 0 For Judge, Superior Court of CJ HAROLD D. MELTON tho C obb JUdicial C irc u it (To Succeed Mary E. Staley) ForJudge,Supo~orCourtofthe ( Cobb JUdicial Circuit ; MARY E. STALEY (To Succeed ReLiben Green) Wrile-in (Vole lor One) For Justice, REUBEN GREEN Supreme Court of Georgia (InCtJrrbenll (To Succeed Hugh P. Thompson) Wlite~n NATHAN J. WADE F o r Judge of State Court of ) HUGH P. THOMPSON Cobb County. Post 1 (InCtJmbant) (Vo te lor One) 0 Wr ~e in C) MELODIE CLAYTON Write ln 0 Pa 9 e 2 of3
NONPARTISAN GENERAL ELECTI0N Cobb County, Post 2 Cobb County, Division II PostS o ERIC BREWTON (1"",_1) o MARIA GOllCK 0 (~"'I) 0 SPEelAL ELECTleN Referendum ~ Cobb County, Post 3 o IRMA B_ GLOVER Iincumbon~ Cobb County. Post 4 ( "") KATHRYN J. TANKSLEY 0 o YES Wrile-In O NO Cobb County. Post 6 o TOBY PRODGERS (I.oomb.. l) 0 Write~n Cobb County. Post 7 Atlanta Regional District T-SPLOST Provides for local transportation projects to create jobs and reduce traffic congestion with citizen oversight. Shall Cobb Coun ty's Ir an sporta~on system and the transportation network in this region and the slate be improved by providing for a 1 percent special dislrict transportation sales and use tax for the purpose of Iran'portation projects and programs for a period of ten years? SPECIAL ELECTION Cobb County Sunday Alcohol Sales Shall tho governing authority of Cobb County, Goorgla be authorizod to pormt and rogulalo package 8al88 by retailer. of malt beverages, wino, and di.tillod aplrit. on Sundays botween tho hours of 12:30 P,M. and 11:30 P.M.? : ~ CARL W. BOWERS CO) NO Marietta City Council Ward 4 (To Fill the Unexpired Term of Van Pearlberg. Resigned Term Ending Write~n 12/3112013) Cobb County. Division II, ANDY MORRIS Post 2 C) PATTi PEARLBERG o LARRY BURKE O GENEClAAK WrIt"'n Marietta School Board o JOYETTE HOLMES Ward 1 (To Fill the Unexpired Term of Logan Weber, Resigned. Term Ending o MARSHA LAKE 12/3112013) e 0 YES 0 o BRETT C. BITTNER 0 Cobb County. Division II Post 3 o ROB LEONARD Wrlte-io Page 3 of 3
CARR & PALMER A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 10 NORTH PARKWAY SQUARE 4200 NORTHSIDE PARKWAY, N. W. ATLANTA, GEORGIA 30327 Mr. Brian P. Kemp Georgia Secretary of State 214 State Capitol Atlanta, Georgia 30334 June 28, 2012 Dear Mr. Kemp; Re: Freedom of Information Action Request Pursuant To Secretary of State We have been retained to represent the Transportation Leadership Coalition, Jack Staver, chairman, which is a grass roots organization of Georgia citizens committed to educating the public generally as to the pros and cons of Referendum 1 on the July 31, 2012 ballot. This is submitted pursuant to O.CG.A. 50-18-70 on behalf of the Transportation Leadership Coalition, Jack Staver, a citizen of Georgia, and on my behalf, I also being a citizen of the State of Georgia. This request addresses the following language appearing on the ballot regarding special election referendum 1: "provides for local transportation projects to create jobs that reduced traffic congestion with citizen oversight". The documents requested are as follows: 1. Each writing including email or other correspondence by the Secretary of State, or those acting on his behalf, regarding the above referenced language being placed on the ballot; 2. All correspondence to Secretary Of State, Brian P Kemp, or anyone acting on his behalf, regarding the above referenced language being placed on the ballot; 3. Any documents in the possession of the Secretary Of State, or those operating on his behalf, that addresses the legal authority for including such language on the ballot. yo'rt17/ WPC/amg W. Pitts Carr Telephone (404) 442 9000 Fax (404) 442 9700 www.carrpalmer.com